Marie-Josée Hogue opened preliminary public hearings into foreign interference Monday, vowing to uncover the truth about meddling in the 2019 and 2021 elections and to recommend ways to limit countries such as China, Russia and India from trying to influence Canadian democracy.
Allegations of sophisticated Chinese foreign-influence operations in the past two election campaigns were raised last year by The Globe and Mail, based on secret and top-secret intelligence documents compiled by agents of the Canadian Security Intelligence Service.
The CSIS documents and revelations that several MPs had also been targeted in disinformation campaigns by China need to be examined in detail, said Justice Hogue, a judge of the Quebec Court of Appeal.
“Given the importance of protecting our democracy, these allegations have sparked significant debate and discussion, both at the political level and in the media,” she said. “My team and I will make every effort to get to the bottom of things and understand what the country has faced – and what it may still be facing in terms of foreign interference.”
Justice Hogue noted former governor-general David Johnston, named by the government as a special rapporteur, presented findings in May that foreign interference in the 2019 and 2021 ballots had no impact on the “integrity of these elections.” Mr. Johnston concluded that neither Prime Minister Justin Trudeau nor senior ministers were negligent or failed to act on the CSIS information. He also recommended against a public inquiry.
But Justice Hogue stressed she is not bound by Mr. Johnston’s conclusions, saying her only “objective is to search for the truth.”
She said the first phase of the inquiry will examine classified documents and hear from witnesses about whether China, Russia or other state and non-state actors, including India, interfered in the past two elections.
“If this is the case, it must also assess the repercussions that these acts or attempts at interference may have had on the integrity of the elections, both at the national level and at the constituency level. Then it must examine, if applicable, the way in which the information that could be obtained in this regard was circulated and the measures that could be taken in response.”
Commission counsel Gordon Cameron said the inquiry has unrestricted access to all classified intelligence involving foreign interference. He said Justice Hogue and commission lawyers have gone through top-secret security screening and their offices have been rebuilt to protect against eavesdropping and to safeguard computers from hackers.
The inquiry’s first report will be tabled on May 3. This week, Justice Hogue will hear from experts on what classified information should be withheld and what could be released. Public hearings will be held in the last week of March. The second phase of the inquiry will deal with proposals to combat foreign interference, with a final report to be tabled at the end of December.
Justice Hogue pledged to disclose as much classified information as possible, some likely to be presented in the form of summaries.
She made a point of stressing that she would go out of her way to “protect members of a diaspora who may be particularly vulnerable” or witnesses who fear for their safety, saying they will be able to testify in camera.
“The important thing to remember is that the Commission is well aware that it may be necessary to protect the identify of certain witnesses, or certain information that citizens or groups will communicate, and that I will not hesitate to do so when I deem it appropriate,” she said.
However, she warned she may ignore or “limit the scope” of confidential testimony if it defames or implicates Canadians who are the subject of these in-camera complaints in order to safeguard their reputations because they are not able to cross-examine the testimony.
The commission has also set up a secure e-mail account for people who wish to send confidential information.
Even though she has been in the role since Sept. 18, Justice Hogue said she has not yet reviewed classified documents or participated in any meeting with potential witnesses.
“This is the approach that I have chosen to ensure that I do not have any preconceived ideas and I will stick to it throughout the work of the Commission,” she said.
As the inquiry got under way, the Conservative Party called on Justice Hogue to include Iran in its focus on foreign interference after the news that U.S. prosecutors have accused Tehran of hiring two members of the Hells Angels from British Columbia to carry out assassinations in the United States.
Deputy Conservative Leader Melissa Lantsman pointed to reports late last year that there at least 700 Iranian operatives in Canada who are known to harass members of the Persian community and commit crimes.
“We would expect Iran to be included in the public inquiry,” Ms. Lantsman said in an interview. “We want the inquiry to follow the evidence and so that means anybody who plays a role in interference in our democracy should be looked at.”